International Patent Rights

Patent your invention.

In the age of globalization, it is more important than ever for an inventor to obtain worldwide patent protection. There is no such thing as a worldwide patent, however--each nation approves patents within its jurisdiction only, except that certain bodies such as the European Patent Office have regional authority. However, the Patent Cooperation Treaty (PCT) allows the preliminary work on patent approval to be performed by a single international body.

Patent Rights

Patents protect technological inventions, rather than works of art, scientific discoveries or (with certain exceptions) computer software. Patented technology must be novel, useful and inventive, according to the legal meaning of those terms. The grant of a patent confers on its owner the exclusive right to use and profit from the invention for a statutory period, typically in the neighborhood of 20 years. In exchange for this, the inventor allows the details about the technology to be published, and abandons all proprietary rights after the expiration of the patent.

Patent Cooperation Treaty

The Patent Cooperation Treaty has been entered into by over 100 nations. It provides a unified system for examining patent applications for inventors who seek international protection. Since an inventor cannot apply for patent protection after detailed information about the invention has been made public anywhere in the world. In the past, this meant that once an inventor applied for patent protection in one country and the invention was publicized by that country's patent office, it was too late to apply for patent protection anywhere else in the world. Under the PCT, the PCT filing date is applied to every PCT country, thereby solving the prior publication problem.

International Searching Authority

Once a patent application is filed with the PCT Receiving Office, the PCT International Searching Authority will check numerous databases to see if any prior invention incorporates the technology that the applicant seeks to patent. If the technology is not new, the International Searching Authority will issue an unfavorable opinion on the novelty of the invention. If it cannot find any similar preexisting technology, it will issue a favorable opinion.

International Publication

Eighteen months after the PCT filing date, the World Intellectual Property Organization will publish details about the invention in its public gazette. The description will include specifications taken from the patent application.

International Preliminary Examination Authority

If the applicant so requests, the PCT International Preliminary Examination Authority will examine the invention and issue an opinion on its utility and inventiveness. This opinion, together with the opinion issued by the International Search Authority, helps inventors decide whether or not to bother going to the additional expense of applying for patent protection in individual countries.

Individual National Jurisdictions

The International Preliminary Examination Authority will send the patent application to the individual national patent offices listed on the patent applications. These offices will make final decisions on the patentability of the invention based on local law. If the application is approved, patent protection will be granted retroactive to the PCT filing date.

References

• Buchalter Nemer: The PCT Process and Patent Protection Outside of the United States
• Bit Law: PCT Patents and Other International Patents
• Patent Lens: Patent Cooperation Treaty (PCT)

Resources

• World Intellectual Property Organizatrion: Patent Cooperation Treaty (full text)